HB 1237 — CRIME VICTIM RIGHTS COMPLIANCE

1-1-08.)7-13-12.) Section(430 10.ILCS 65/4) (from Ch.

The Rights of Crime Victims and Witnesses Act is amended by changing Sections 4, 4.5, and 9 as follows:

HB1237 Engrossed - 5 - LRB097 06157 RLC 46231 b (725 ILCS 120/4) (from Ch.

1404)83-4) HB1237 Enrolled - 5 - LRB097 06157 RLC 46231 b Sec.

Rights(a) ofEach crimeapplicant victims.for a Firearm Owner's Identification Card must:

(a)(1) CrimeMake victimsapplication shallon haveblank forms prepared and furnished at convenient locations throughout the followingState rights:by the Department of State Police, or by electronic means, if and when made available by the Department of State Police;

(1) The right to be treated with fairness and respect(2) forSubmit theirevidence dignityto andthe privacyDepartment throughoutof theState criminalPolice justicethat: process.

(2)(i) TheHe rightor she is 21 years of age or over, or if he or she is under 21 years of age that he or she has the written consent of his or her parent or legal guardian to notificationpossess and acquire firearms and firearm ammunition and that he or she has never been convicted of courta proceedings.misdemeanor other than a traffic offense or adjudged delinquent, provided, however, that such parent or legal guardian is not an individual prohibited from having a Firearm Owner's Identification Card and files an affidavit with the Department as prescribed by the Department stating that he or she is not an individual prohibited from having a Card;

(3)(ii) TheHe rightor toshe communicatehas withnot been convicted of a felony under the prosecution.laws of this or any other jurisdiction;

(4)(iii) TheHe rightor toshe makeis anot statementaddicted to thenarcotics; court at sentencing.

(5)(iv) TheHe rightor toshe informationhas aboutnot been a patient in a mental institution within the conviction,past sentence,5 imprisonmentyears and releasehe ofor theshe accused.has HB1237 Enrolled - 6 - LRB097 06157 RLC 46231 b not been adjudicated as a mental defective;

(6)(v) TheHe rightor toshe theis timelynot dispositionintellectually ofdisabled; the case following the arrest of the accused.

(7)(vi) TheHe rightor toshe beis reasonablynot protectedan fromalien who is unlawfully present in the accusedUnited throughStates under the criminallaws justiceof process.the United States;

(8)(vii) TheHe rightor toshe beis presentnot atsubject the trial and all other court proceedings on the same basis as the accused, unless the victim is to testifyan andexisting theorder courtof determinesprotection thatprohibiting thehim victim'sor testimonyher wouldfrom bepossessing materiallya affectedfirearm; if the victim hears other testimony at the trial.

(9)(viii) theHe rightor toshe havehas presentnot atbeen allconvicted courtwithin proceedings, including proceedings under the Juvenilepast Court5 Actyears of 1987,battery, subjectassault, toaggravated theassault, admonitionviolation of thean rulesorder of confidentialityprotection, andor subject to the rules of evidence, a victim-witnesssubstantially specialist,similar anoffense advocatein oranother otherjurisdiction, supportin personwhich ofa thefirearm HB1237was Engrossedused -or 6possessed; - LRB097 06157 RLC 46231 b victim's choice and an attorney at the victim's expense.

(10)(ix) TheHe rightor toshe restitution.has not been convicted of domestic battery, aggravated domestic battery, or a substantially similar offense in another jurisdiction committed before, on or after January 1, 2012 (the effective date of Public Act 97-158).

(b)If Anythe lawapplicant enforcementknowingly agencyand thatintelligently investigateswaives the right to have an offense committeddescribed in this Stateclause shall(ix) providetried by a crimejury, victimand withby guilty plea or otherwise, results in a writtenconviction statementfor andan explanationoffense ofin thewhich rightsa ofdomestic crimerelationship victimsis withinnot 24a hoursrequired element of lawthe enforcement'soffense initialbut contactin withwhich a victim.determination of the applicability of 18 U.S.C.

The922(g)(9) statementis shallmade includeunder informationSection about112A-11.1 crimeof victimthe compensation,Code includingof howCriminal toProcedure contactof 1963, an entry by the OfficeHB1237 Enrolled - 7 - LRB097 06157 RLC 46231 b court of thea Illinoisjudgment Attorneyof Generalconviction tofor filethat offense shall be grounds for denying the issuance of a claim.Firearm Owner's Identification Card under this Section;

The(x) content(Blank); of the statement shall be provided to law enforcement by the Attorney General.

Law(xi) enforcementHe shallor alsoshe provideis anot crimean victimalien withwho ahas sign-offbeen sheetadmitted thatto the victimUnited shallStates signunder anda datenon-immigrant asvisa an(as acknowledgement that heterm oris shedefined hasin beenSection furnished101(a)(26) with information and an explanation of the rightsImmigration of crime victims and compensationNationality setAct forth(8 inU.S.C. this Act.

(c)1101(a)(26))), Theor Clerkthat ofhe theor Circuitshe Courtis shallan postalien thewho rightshas ofbeen crimelawfully victimsadmitted setto forth in Article I, Section 8.1(a) of the IllinoisUnited ConstitutionStates andunder subsectiona (a)non-immigrant ofvisa thisif Sectionthat withinalien 3is: feet of the door to any courtroom where criminal proceedings are conducted.

The(1) clerkadmitted mayto also post the rightsUnited inStates otherfor locationslawful inhunting theor courthouse.sporting purposes;

(d)(2) The victim, the State's Attorney, an attorneyofficial hiredrepresentative atof the victim's expense, or an attorney representing the victim may assert the victim's rights in the circuit court in which a defendantforeign isgovernment beingwho prosecutedis: for the crime or, if no prosecution is underway, in the circuit court in the circuit in HB1237 Engrossed - 7 - LRB097 06157 RLC 46231 b which the crime occurred.

The(A) courtaccredited shallto takethe upUnited andStates decideGovernment anyor writtenthe orGovernment's oralmission motionto assertingan ainternational victim'sorganization righthaving forthwith.its headquarters in the United States;

Aor motion(B) en route to re-openor afrom pleaanother orcountry sentenceto shallwhich bethat grantedalien if:is accredited;

(1)(3) thean victimofficial assertedof thea rightforeign togovernment beor hearddistinguished beforeforeign orvisitor duringwho thehas proceedingbeen atso issuedesignated andby suchthe rightDepartment wasof denied;State;

(2)(4) in the case of a plea,foreign thelaw accusedenforcement hasofficer not pleaded to the highest offense charged A statement and explanation of the rights of crime victims set forth in paragraph (a) of this Section shall be given to a crimefriendly victimforeign atgovernment theentering initial contact with the criminalUnited justiceHB1237 systemEnrolled by- the8 appropriate- authoritiesLRB097 and06157 shallRLC be46231 conspicuouslyb postedStates inon allofficial courtbusiness; facilities.

or (5) one who has received a waiver from the Attorney General of the United States pursuant to 18 U.S.C.

922(y)(3);

(xii) He or she is not a minor subject to a petition filed under Section 5-520 of the Juvenile Court Act of 1987 alleging that the minor is a delinquent minor for the commission of an offense that if committed by an adult would be a felony;

(xiii) He or she is not an adult who had been adjudicated a delinquent minor under the Juvenile Court Act of 1987 for the commission of an offense that if committed by an adult would be a felony;

and (xiv) He or she is a resident of the State of Illinois;

and (xv) He or she has not been adjudicated as a mental defective;

and (3) Upon request by the Department of State Police, sign a release on a form prescribed by the Department of State Police waiving any right to confidentiality and requesting the disclosure to the Department of State Police of limited mental health institution admission information from another state, the District of Columbia, any other territory of the United States, or a foreign nation concerning the applicant for the sole purpose of determining whether the applicant is or was a patient in a HB1237 Enrolled - 9 - LRB097 06157 RLC 46231 b mental health institution and disqualified because of that status from receiving a Firearm Owner's Identification Card.

No mental health care or treatment records may be requested.

The information received shall be destroyed within one year of receipt.

(a-5) Each applicant for a Firearm Owner's Identification Card who is over the age of 18 shall furnish to the Department of State Police either his or her Illinois driver's license number or Illinois Identification Card number, except as provided in subsection (a-10).

(a-10) Each applicant for a Firearm Owner's Identification Card, who is employed as a law enforcement officer, an armed security officer in Illinois, or by the United States Military permanently assigned in Illinois and who is not an Illinois resident, shall furnish to the Department of State Police his or her driver's license number or state identification card number from his or her state of residence.

The Department of State Police may promulgate rules to enforce the provisions of this subsection (a-10).

(a-15) If an applicant applying for a Firearm Owner's Identification Card moves from the residence address named in the application, he or she shall immediately notify in a form and manner prescribed by the Department of State Police of that change of address.

(a-20) Each applicant for a Firearm Owner's Identification Card shall furnish to the Department of State Police his or her HB1237 Enrolled - 10 - LRB097 06157 RLC 46231 b photograph.

An applicant who is 21 years of age or older seeking a religious exemption to the photograph requirement must furnish with the application an approved copy of United States Department of the Treasury Internal Revenue Service Form 4029.

In lieu of a photograph, an applicant regardless of age seeking a religious exemption to the photograph requirement shall submit fingerprints on a form and manner prescribed by the Department with his or her application.

(b) Each application form shall include the following statement printed in bold type:

"Warning:

Entering false information on an application for a Firearm Owner's Identification Card is punishable as a Class 2 felony in accordance with subsection (d-5) of Section 14 of the Firearm Owners Identification Card Act.".

(c) Upon such written consent, pursuant to Section 4, paragraph (a)(2)(i), the parent or legal guardian giving the consent shall be liable for any damages resulting from the applicant's use of firearms or firearm ammunition.

95-591,97-158, eff.

6-1-08.)1-1-12; (725 ILCS 120/4.5) Sec.

4.5.97-227, eff.

Procedures1-1-12; to implement the rights of crime victims.

To97-813, affordeff. crime victims their rights, law enforcement, prosecutors, judges and corrections will provide information, as appropriate of the following procedures:

(a)7-13-12; Law enforcement authorities shall notify the victim of the apprehension of an offender and closure of the investigation within 24 hours of the event.

While97-1131, theeff. case is under investigation, the victim may submit a written request for information relating to the status of the investigation every 30 days.

Law1-1-13.) enforcement(430 shallILCS respond65/8) to(from aCh. victim's HB1237 Engrossed - 8 - LRB097 06157 RLC 46231 b request within 10 days, unless the State's Attorney determines in writing that disclosure of such information would unreasonably interfere with the investigation.

A38, copypar. of the State's Attorney's written determination shall be provided to the victim At the request of the crime victim, law enforcement authorities investigating the case shall provide notice of the status of the investigation, except where the State's Attorney determines that disclosure of such information would unreasonably interfere with the investigation, until such time as the alleged assailant is apprehended or the investigation is closed.

(b)83-8) TheSec. office of the State's Attorney:

(1)8. shall provide notice of the filing of information, the return of an indictment by which a prosecution for any violent crime is commenced, or the filing of a petition to adjudicate a minor as a delinquent for a violent crime;

(2)The shallDepartment provideof noticeState ofPolice thehas date,authority time,to deny an application for or to revoke and placeseize a Firearm Owner's Identification Card previously issued under this Act only if the Department finds that the applicant or the person HB1237 Enrolled - 11 - LRB097 06157 RLC 46231 b to whom such card was issued is or was at the time of trial;issuance:

(3)(a) orA victimperson advocateunder personnel21 shallyears provide information of socialage serviceswho andhas financialbeen assistanceconvicted available for victims of crime,a includingmisdemeanor informationother ofthan howa totraffic applyoffense foror theseadjudged servicesdelinquent; and assistance;

(4)(b) shallA assistperson inunder having21 anyyears stolenof orage otherwho personaldoes propertynot heldhave bythe lawwritten enforcementconsent authoritiesof forhis evidentiaryparent or otherguardian purposesto returnedacquire asand expeditiouslypossess asfirearms possible,and pursuantfirearm toammunition, theor procedureswhose setparent outor inguardian Sectionhas HB1237revoked Engrossedsuch -written 9consent, -or LRB097where 06157such RLCparent 46231or bguardian 115-9does ofnot thequalify Codeto ofhave Criminala ProcedureFirearm ofOwner's 1963;Identification Card;

(5)(c) orA victimperson advocateconvicted personnel shall provide appropriate employer intercession services to ensure that employers of victimsa willfelony cooperateunder with the criminallaws justice system in order to minimize an employee's loss of paythis andor any other benefitsjurisdiction; resulting from court appearances;

(6)(d) shallA provideperson informationaddicted whenever possible, of a secure waiting area during court proceedings that does not require victims to benarcotics; in close proximity to defendant or juveniles accused of a violent crime, and their families and friends;

(7)(e) shallA provideperson noticewho tohas thebeen crimea victimpatient of the right to have a translatormental presentinstitution atwithin all court proceedings and, in compliance with the federalpast Americans5 withyears. Disabilities Act of 1990, the right to communications access through a sign language interpreter or by other means;

(8)An inactive thelaw caseenforcement ofofficer theemployed deathby of a person,unit whichof deathgovernment occurredwho inis thedenied, samerevoked, transactionor has his or occurrenceher inFirearm whichOwner's actsIdentification occurredCard forseized whichunder athis defendantsubsection is(e) chargedmay withobtain anrelief offense,as shalldescribed notifyin subsection (c-5) of Section 10 of this Act if the spouse,officer parent,did childnot oract siblingin ofa manner threatening to the decedentofficer, ofanother person, or the datepublic ofas determined by the trialtreating ofclinical psychologist or physician, and the personofficer seeks mental health treatment or personshas allegedlybeen responsibleadjudicated foras thea death;mental defective;

(9)(f) shallA informperson thewhose victimmental ofcondition theis right to have present at all court proceedings, subject to the rules of evidence,such ana advocatenature orthat otherit supportposes persona ofclear the HB1237 Engrossed - 10 - LRB097 06157 RLC 46231 b victim's choice, and thepresent rightdanger to retain an attorney, at the victim'sapplicant, ownany expense,other who,person uponor writtenpersons noticeor filed with the clerkcommunity; of the court and State's Attorney, is to receive copies of all notices, motions and court orders filed thereafter in the case, in the same manner as if the victim were a named party in the case;

(10)HB1237 atEnrolled the- sentencing12 hearing- shallLRB097 make06157 aRLC good46231 faithb attemptFor tothe explainpurposes theof minimumthis amountSection, of"mental timecondition" duringmeans whicha thestate defendantof maymind actuallymanifested beby physicallyviolent, imprisoned.suicidal, threatening or assaultive behavior.

The(g) OfficeA ofperson thewho State'sis Attorneyintellectually shalldisabled; further notify the crime victim of the right to request from the Prisoner Review Board information concerning the release of the defendant under subparagraph (d)(1) of this Section;

(11)(h) shallA requestperson restitutionwho atintentionally sentencingmakes anda shallfalse considerstatement restitution in anythe pleaFirearm negotiation,Owner's asIdentification providedCard byapplication; law;

and(i) (12)An shall,alien uponwho theis courtunlawfully enteringpresent ain verdict of not guilty by reason of insanity, inform the victimUnited ofStates theunder notification services available from the Departmentlaws of Human Services, including the statewideUnited telephoneStates; number, under subparagraph (d)(2) of this Section.

(c)(i-5) TheAn Atalien thewho writtenhas requestbeen ofadmitted to the crimeUnited victim,States theunder officea non-immigrant visa (as that term is defined in Section 101(a)(26) of the State'sImmigration Attorneyand shall:Nationality Act (8 U.S.C.

(1)1101(a)(26))), provideexcept noticethat athis reasonablesubsection time(i-5) indoes advancenot ofapply to any alien who has been lawfully admitted to the followingUnited courtStates proceedings:under a non-immigrant visa if that alien is:

preliminary(1) hearing,admitted anyto hearing the effectUnited ofStates whichfor maylawful behunting the release of defendant HB1237 Engrossed - 11 - LRB097 06157 RLC 46231 b from custody, or tosporting alterpurposes; the conditions of bond and the sentencing hearing.

The(2) crimean victimofficial shallrepresentative also be notified of thea cancellationforeign ofgovernment thewho courtis: proceeding in sufficient time, wherever possible, to prevent an unnecessary appearance in court;

(2)(A) provideaccredited noticeto within a reasonable time after receipt of notice from the custodian,United ofStates theGovernment release of the defendant on bail or personal recognizance or the releaseGovernment's frommission detentionto ofan ainternational minororganization whohaving hasits beenheadquarters detainedin forthe aUnited violentStates; crime;

(3) explain in nontechnical language the details of any plea or verdict(B) ofen aroute defendant,to or anyfrom adjudicationanother ofcountry ato juvenilewhich asthat aalien delinquentis foraccredited; a violent crime;

(4)(3) where practical, consult with the crime victim before the Office of the State's Attorney makes an offerofficial of a pleaforeign bargaingovernment to the defendant or entersdistinguished intoforeign negotiationsvisitor withwho thehas defendantbeen concerningso adesignated possibleby pleaHB1237 agreement,Enrolled and- shall13 consider- theLRB097 written06157 victimRLC impact46231 statement,b ifthe preparedDepartment priorof toState; entering into a plea agreement;

(5)(4) providea noticeforeign oflaw theenforcement ultimateofficer disposition of the cases arising from an indictment or an information, or a petitionfriendly toforeign havegovernment aentering juvenilethe adjudicatedUnited asStates aon delinquentofficial forbusiness; a violent crime;

(6)or provide(5) noticeone ofwho anyhas appealreceived takena bywaiver from the defendantAttorney andGeneral informationof on how to contact the appropriateUnited agencyStates handlingpursuant theto appeal;18 U.S.C.

HB1237922(y)(3); Engrossed - 12 - LRB097 06157 RLC 46231 b (7) provide notice of any request for post-conviction review filed by the defendant under Article 122 of the Code of Criminal Procedure of 1963, and of the date, time and place of any hearing concerning the petition.

Whenever(j) possible,(Blank); notice of the hearing shall be given in advance;

(8)(k) forwardA aperson copywho ofhas anybeen statementconvicted presentedwithin underthe Sectionpast 65 toyears theof Prisonerbattery, Reviewassault, Boardaggravated toassault, beviolation consideredof byan theorder Boardof inprotection, makingor itsa determinationsubstantially undersimilar subsectionoffense (b)in ofanother Sectionjurisdiction, 3-3-8in ofwhich thea Unifiedfirearm Codewas ofused Corrections.or possessed;

(d)(l) (1)A Theperson Prisonerwho Reviewhas Boardbeen shallconvicted inform a victim or any other concerned citizen, upon written request, of thedomestic prisoner'sbattery, releaseaggravated ondomestic parole,battery, mandatoryor superviseda release,substantially electronicsimilar detention,offense workin release,another internationaljurisdiction transfercommitted orbefore, exchange,on or byafter theJanuary custodian1, of2012 the(the dischargeeffective ofdate any individual who was adjudicated a delinquent for a violent crime from State custody and by the sheriff of thePublic appropriateAct county97-158). of any such person's final discharge from county custody.

TheIf Prisonerthe Reviewapplicant Board,or uponperson writtenwho request,has shallbeen providepreviously issued a Firearm Owner's Identification Card under this Act knowingly and intelligently waives the right to have an offense described in this paragraph (l) tried by a victimjury, and by guilty plea or anyotherwise, otherresults concernedin citizena conviction for an offense in which a recentdomestic photographrelationship ofis anynot persona convictedrequired element of athe felony,offense uponbut hisin orwhich hera releasedetermination fromof custody.the applicability of 18 U.S.C.

The922(g)(9) Prisoneris Reviewmade Board,under uponSection written112A-11.1 request,of shallthe informCode of Criminal Procedure of 1963, an entry by the court of a victimjudgment orof anyconviction otherfor concernedthat citizenoffense whenshall feasiblebe atgrounds leastfor 7denying daysan priorHB1237 toEnrolled the- prisoner's14 release- onLRB097 furlough06157 ofRLC the46231 timesb application for and datesfor ofrevoking suchand furlough.seizing a Firearm Owner's Identification Card previously issued to the person under this Act;

The(m) Upon(Blank); written request by the victim or any other concerned citizen, the State's Attorney shall notify the person once of the times and dates of release HB1237 Engrossed - 13 - LRB097 06157 RLC 46231 b of a prisoner sentenced to periodic imprisonment.

Notification(n) shallA beperson basedwho onis theprohibited mostfrom recentacquiring informationor aspossessing tofirearms victim's or otherfirearm concernedammunition citizen'sby residenceany orIllinois otherState locationstatute availableor toby thefederal notifyinglaw; authority.

(2)(o) WhenA theminor defendantsubject has been committed to thea Departmentpetition offiled Humanunder Services pursuant to Section 5-2-45-520 or any other provision of the UnifiedJuvenile CodeCourt Act of Corrections,1987 thealleging victimthat shall may request to be notified by the releasingminor authorityis ofa thedelinquent approvalminor byfor the courtcommission of an unsupervisedoffense on-groundsthat pass,if acommitted supervisedby off-groundsan passadult orwould unsupervisedbe off-grounds pass, the release on a pass,felony; the return from a pass, a conditional release, the release on a pass, an escape, death defendant's furloughs, temporary release, or final discharge from State custody.

The(p) DepartmentAn ofadult Humanwho Serviceshad shallbeen establishadjudicated and maintain a statewidedelinquent telephoneminor numberunder tothe beJuvenile usedCourt byAct victimsof to1987 makefor notificationthe requestscommission underof thesean provisionsoffense andthat shallif publicizecommitted thisby telephonean numberadult onwould itsbe websitea andfelony; to the State's Attorney of each county.

(3)or In(q) theA eventperson ofwho anis escapenot froma Stateresident custody, the Department of Corrections or the DepartmentState of JuvenileIllinois, Justiceexcept immediatelyas shallprovided notifyin thesubsection Prisoner(a-10) Review Board of theSection escape4; and the Prisoner Review Board shall notify the victim.

The notification shall be based upon the most recent information as to the victim's residence or other. location available to the Board.

When(r) noA suchperson informationwho ishas available,been theadjudicated Boardas shalla makemental alldefective. reasonable efforts to obtain the HB1237 Engrossed - 14 - LRB097 06157 RLC 46231 b information and make the notification.

When the escapee is apprehended, the Department of Corrections or the Department of Juvenile Justice immediately shall notify the Prisoner Review Board and the Board shall notify the victim.

(4) The victim of the crime for which the prisoner has been sentenced shall receive reasonable written notice not less than 30 days prior to the parole interview and may submit, in writing, on film, videotape or other electronic means or in the form of a recording or in person at the parole interview or if a victim of a violent crime, by calling the toll-free number established in subsection (f) of this Section, information for consideration by the Prisoner Review Board.

The victim shall be notified within 7 days after the prisoner has been granted parole and shall be informed of the right to inspect the registry of parole decisions, established under subsection (g) of Section 3-3-5 of the Unified Code of Corrections.

The provisions of this paragraph (4) are subject to the Open Parole Hearings Act.

(5) If a statement is presented under Section 6, the Prisoner Review Board shall inform the victim of any order of discharge entered by the Board pursuant to Section 3-3-8 of the Unified Code of Corrections.

(6) At the written request of the victim of the crime for which the prisoner was sentenced or the State's Attorney of the county where the person seeking parole was prosecuted, the Prisoner Review Board shall notify the victim and the State's HB1237 Engrossed - 15 - LRB097 06157 RLC 46231 b Attorney of the county where the person seeking parole was prosecuted of the death of the prisoner if the prisoner died while on parole or mandatory supervised release.

(7) When a defendant who has been committed to the Department of Corrections, the Department of Juvenile Justice, or the Department of Human Services is released or discharged and subsequently committed to the Department of Human Services as a sexually violent person and the victim had requested to be notified by the releasing authority of the defendant's discharge, conditional release, death, or escape from State custody, the releasing authority shall provide to the Department of Human Services such information that would allow the Department of Human Services to contact the victim.

(8) When a defendant has been convicted of a sex offense as defined in Section 2 of the Sex Offender Registration Act and has been sentenced to the Department of Corrections or the Department of Juvenile Justice, the Prisoner Review Board shall notify the victim of the sex offense of the prisoner's eligibility for release on parole, mandatory supervised release, electronic detention, work release, international transfer or exchange, or by the custodian of the discharge of any individual who was adjudicated a delinquent for a sex offense from State custody and by the sheriff of the appropriate county of any such person's final discharge from county custody.

The notification shall be made to the victim at least 30 days, whenever possible, before release of the sex HB1237 Engrossed - 16 - LRB097 06157 RLC 46231 b offender.

(e) The officials named in this Section may satisfy some or all of their obligations to provide notices and other information through participation in a statewide victim and witness notification system established by the Attorney General under Section 8.5 of this Act.

(f) To permit a victim of a violent crime to provide information to the Prisoner Review Board for consideration by the Board at a parole hearing of a person who committed the crime against the victim in accordance with clause (d)(4) of this Section or at a proceeding to determine the conditions of mandatory supervised release of a person sentenced to a determinate sentence or at a hearing on revocation of mandatory supervised release of a person sentenced to a determinate sentence, the Board shall establish a toll-free number that may be accessed by the victim of a violent crime to present that information to the Board.

95-317,96-701, eff.

8-21-07;1-1-10;

95-896,97-158, eff.

1-1-09;1-1-12;

95-897,97-227, eff.

1-1-09;1-1-12;

95-904,97-813, eff.

1-1-09;7-13-12;

96-328,97-1131, eff.

8-11-09;1-1-13.) (430 ILCS 65/10) (from Ch.

96-875, eff.

1-22-10.) (725 ILCS 120/9) (from Ch.

1408)83-10) Sec.

9.10.

ThisAppeal Actto doesdirector; not limit any rights or responsibilities otherwise enjoyed by or imposed upon victims or witnesses of violent crime, nor does it grant any person a cause of action for damages or attorneys fees.

Anyhearing; act of HB1237 Engrossed - 17 - LRB097 06157 RLC 46231 b omission or commission by any law enforcement officer, circuit court clerk, or State's Attorney, by the Attorney General, any law enforcement officer, circuit court clerk, Prisoner Review Board, Department of Corrections, the Department of Juvenile Justice, Department of Human Services, or other State agency, or private entity under contract pursuant to Section 8, or by any employee of any State agency or private entity under contract pursuant to Section 8 acting in good faith in rendering crime victim's assistance or otherwise enforcing this Act shall not impose civil liability upon the individual or entity or his or her supervisor or employer.

Nothing in this Act shall create a basis for vacating a conviction or a ground for appellate relief infrom anyfirearm criminalprohibitions. case.

Failure(a) Whenever an application for a Firearm Owner's HB1237 Enrolled - 15 - LRB097 06157 RLC 46231 b Identification Card is denied, whenever the Department fails to act on an application within 30 days of its receipt, or whenever such a Card is revoked or seized as provided for in Section 8 of this Act, the crimeaggrieved victimparty may appeal to receivethe noticeDirector of State Police for a hearing upon such denial, revocation or seizure, unless the denial, revocation, or seizure was based upon a forcible felony, stalking, aggravated stalking, domestic battery, any violation of the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act, or the Cannabis Control Act that is classified as required,a however,Class shall2 notor deprivegreater felony, any felony violation of Article 24 of the courtCriminal Code of 1961 or the powerCriminal toCode actof regarding2012, or any adjudication as a delinquent minor for the proceedingcommission beforeof it;an offense that if committed by an adult would be a felony, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon such denial, revocation, or seizure.

nor(b) shallAt least 30 days before any suchhearing failurein grantthe circuit court, the defendantpetitioner shall serve the rightrelevant toState's seekAttorney with a continuance.copy of the petition.

The State's Attorney may object to the petition and present evidence.

At the hearing the court shall determine whether substantial justice has been done.

Should the court determine that substantial justice has not been done, the court shall issue an order directing the Department of State Police to issue a Card.

However, the court shall not issue the order if the petitioner is otherwise HB1237 Enrolled - 16 - LRB097 06157 RLC 46231 b prohibited from obtaining, possessing, or using a firearm under federal law.

(c) Any person prohibited from possessing a firearm under Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 1961 or acquiring a Firearm Owner's Identification Card under Section 8 of this Act may apply to the Director of State Police or petition the circuit court in the county where the petitioner resides, whichever is applicable in accordance with subsection (a) of this Section, requesting relief from such prohibition and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that:

(0.05) when in the circuit court, the State's Attorney has been served with a written copy of the petition at least 30 days before any such hearing in the circuit court and at the hearing the State's Attorney was afforded an opportunity to present evidence and object to the petition;

(1) the applicant has not been convicted of a forcible felony under the laws of this State or any other jurisdiction within 20 years of the applicant's application for a Firearm Owner's Identification Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction;

(2) the circumstances regarding a criminal conviction, where applicable, the applicant's criminal history and his reputation are such that the applicant will not be likely HB1237 Enrolled - 17 - LRB097 06157 RLC 46231 b to act in a manner dangerous to public safety;

(3) granting relief would not be contrary to the public interest;

and (4) granting relief would not be contrary to federal law.

(c-5) (1) An active law enforcement officer employed by a unit of government, who is denied, revoked, or has his or her Firearm Owner's Identification Card seized under subsection (e) of Section 8 of this Act may apply to the Director of State Police requesting relief if the officer did not act in a manner threatening to the officer, another person, or the public as determined by the treating clinical psychologist or physician, and as a result of his or her work is referred by the employer for or voluntarily seeks mental health evaluation or treatment by a licensed clinical psychologist, psychiatrist, or qualified examiner, and:

(A) the officer has not received treatment involuntarily at a mental institution, regardless of the length of admission;

or has not been voluntarily admitted to a mental institution for more than 30 days and not for more than one incident within the past 5 years;

and (B) the officer has not left the mental institution against medical advice.

(2) The Director of State Police shall grant expedited HB1237 Enrolled - 18 - LRB097 06157 RLC 46231 b relief to active law enforcement officers described in paragraph (1) of this subsection (c-5) upon a determination by the Director that the officer's possession of a firearm does not present a threat to themselves, others, or public safety.

The Director shall act on the request for relief within 30 business days of receipt of:

(A) a notarized statement from the officer in the form prescribed by the Director detailing the circumstances that led to the hospitalization;

(B) all documentation regarding the admission, evaluation, treatment and discharge from the treating licensed clinical psychologist or psychiatrist of the officer;

(C) a psychological fitness for duty evaluation of the person completed after the time of discharge;

and (D) written confirmation in the form prescribed by the Director from the treating licensed clinical psychologist or psychiatrist that the provisions set forth in paragraph (1) of this subsection (c-5) have been met, the person successfully completed treatment, and their professional opinion regarding the person's ability to possess firearms.

(3) Officers eligible for the expedited relief in paragraph (2) of this subsection (c-5) have the burden of proof on eligibility and must provide all information required.

The Director may not consider granting expedited HB1237 Enrolled - 19 - LRB097 06157 RLC 46231 b relief until the proof and information is received.

(4) "Clinical psychologist", "psychiatrist", and "qualified examiner" shall have the same meaning as provided in Chapter 1 of the Mental Health and Developmental Disabilities Code.

(d) When a minor is adjudicated delinquent for an offense which if committed by an adult would be a felony, the court shall notify the Department of State Police.

(e) The court shall review the denial of an application or the revocation of a Firearm Owner's Identification Card of a person who has been adjudicated delinquent for an offense that if committed by an adult would be a felony if an application for relief has been filed at least 10 years after the adjudication of delinquency and the court determines that the applicant should be granted relief from disability to obtain a Firearm Owner's Identification Card.

If the court grants relief, the court shall notify the Department of State Police that the disability has been removed and that the applicant is eligible to obtain a Firearm Owner's Identification Card.

(f) Any person who is subject to the disabilities of 18 U.S.C.

922(d)(4) and 922(g)(4) of the federal Gun Control Act of 1968 because of an adjudication or commitment that occurred under the laws of this State or who was determined to be subject to the provisions of subsections (e), (f), or (g) of Section 8 of this Act may apply to the Department of State Police requesting relief from that prohibition.

The Director HB1237 Enrolled - 20 - LRB097 06157 RLC 46231 b shall grant the relief if it is established by a preponderance of the evidence that the person will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest.

In making this determination, the Director shall receive evidence concerning (i) the circumstances regarding the firearms disabilities from which relief is sought;

(ii) the petitioner's mental health and criminal history records, if any;

(iii) the petitioner's reputation, developed at a minimum through character witness statements, testimony, or other character evidence;

and (iv) changes in the petitioner's condition or circumstances since the disqualifying events relevant to the relief sought.

If relief is granted under this subsection or by order of a court under this Section, the Director shall as soon as practicable but in no case later than 15 business days, update, correct, modify, or remove the person's record in any database that the Department of State Police makes available to the National Instant Criminal Background Check System and notify the United States Attorney General that the basis for the record being made available no longer applies.

The Department of State Police shall adopt rules for the administration of this subsection (f).

93-258,96-1368, eff.

1-1-04;7-28-10;

94-696,97-1131, eff.

6-1-06.)1-1-13.) Section 10.

The Criminal Code of 2012 is amended by changing Sections 24-3 and 24-3.1 as follows:

HB1237 Enrolled - 21 - LRB097 06157 RLC 46231 b (720 ILCS 5/24-3) (from Ch.

38, par.

24-3) Sec.

24-3.

Unlawful sale or delivery of firearms.

(A) A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly does any of the following:

(a) Sells or gives any firearm of a size which may be concealed upon the person to any person under 18 years of age.

(b) Sells or gives any firearm to a person under 21 years of age who has been convicted of a misdemeanor other than a traffic offense or adjudged delinquent.

(c) Sells or gives any firearm to any narcotic addict.

(d) Sells or gives any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction.

(e) Sells or gives any firearm to any person who has been a patient in a mental institution hospital within the past 5 years.

In this subsection (e):

"Mental institution" means any hospital, institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.

"Patient in a mental institution" means the person was admitted, either voluntarily or involuntarily, to HB1237 Enrolled - 22 - LRB097 06157 RLC 46231 b a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness.

(f) Sells or gives any firearms to any person who is intellectually disabled.

(g) Delivers any firearm of a size which may be concealed upon the person, incidental to a sale, without withholding delivery of such firearm for at least 72 hours after application for its purchase has been made, or delivers any rifle, shotgun or other long gun, or a stun gun or taser, incidental to a sale, without withholding delivery of such rifle, shotgun or other long gun, or a stun gun or taser for at least 24 hours after application for its purchase has been made.

However, this paragraph (g) does not apply to:

(1) the sale of a firearm to a law enforcement officer if the seller of the firearm knows that the person to whom he or she is selling the firearm is a law enforcement officer or the sale of a firearm to a person who desires to purchase a firearm for use in promoting the public interest incident to his or her employment as a bank guard, armed truck guard, or other similar employment;

(2) a mail order sale of a firearm to a nonresident of Illinois under which the firearm is mailed to a point outside the boundaries of Illinois;

(3) the sale of a firearm to a nonresident of Illinois while at a HB1237 Enrolled - 23 - LRB097 06157 RLC 46231 b firearm showing or display recognized by the Illinois Department of State Police;

or (4) the sale of a firearm to a dealer licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C.

923).

For purposes of this paragraph (g), "application" means when the buyer and seller reach an agreement to purchase a firearm.

(h) While holding any license as a dealer, importer, manufacturer or pawnbroker under the federal Gun Control Act of 1968, manufactures, sells or delivers to any unlicensed person a handgun having a barrel, slide, frame or receiver which is a die casting of zinc alloy or any other nonhomogeneous metal which will melt or deform at a temperature of less than 800 degrees Fahrenheit.

For purposes of this paragraph, (1) "firearm" is defined as in the Firearm Owners Identification Card Act;

and (2) "handgun" is defined as a firearm designed to be held and fired by the use of a single hand, and includes a combination of parts from which such a firearm can be assembled.

(i) Sells or gives a firearm of any size to any person under 18 years of age who does not possess a valid Firearm Owner's Identification Card.

(j) Sells or gives a firearm while engaged in the business of selling firearms at wholesale or retail without being licensed as a federal firearms dealer under Section HB1237 Enrolled - 24 - LRB097 06157 RLC 46231 b 923 of the federal Gun Control Act of 1968 (18 U.S.C.

923).

In this paragraph (j):

A person "engaged in the business" means a person who devotes time, attention, and labor to engaging in the activity as a regular course of trade or business with the principal objective of livelihood and profit, but does not include a person who makes occasional repairs of firearms or who occasionally fits special barrels, stocks, or trigger mechanisms to firearms.

"With the principal objective of livelihood and profit" means that the intent underlying the sale or disposition of firearms is predominantly one of obtaining livelihood and pecuniary gain, as opposed to other intents, such as improving or liquidating a personal firearms collection;

however, proof of profit shall not be required as to a person who engages in the regular and repetitive purchase and disposition of firearms for criminal purposes or terrorism.

(k) Sells or transfers ownership of a firearm to a person who does not display to the seller or transferor of the firearm a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act.

This paragraph (k) does not apply to the transfer of a firearm to a person who is exempt from the requirement of HB1237 Enrolled - 25 - LRB097 06157 RLC 46231 b possessing a Firearm Owner's Identification Card under Section 2 of the Firearm Owners Identification Card Act.

For the purposes of this Section, a currently valid Firearm Owner's Identification Card means (i) a Firearm Owner's Identification Card that has not expired or (ii) if the transferor is licensed as a federal firearms dealer under Section 923 of the federal Gun Control Act of 1968 (18 U.S.C.

923), an approval number issued in accordance with Section 3.1 of the Firearm Owners Identification Card Act shall be proof that the Firearm Owner's Identification Card was valid.

(l) Not being entitled to the possession of a firearm, delivers the firearm, knowing it to have been stolen or converted.

It may be inferred that a person who possesses a firearm with knowledge that its serial number has been removed or altered has knowledge that the firearm is stolen or converted.

(B) Paragraph (h) of subsection (A) does not include firearms sold within 6 months after enactment of Public Act 78-355 (approved August 21, 1973, effective October 1, 1973), nor is any firearm legally owned or possessed by any citizen or purchased by any citizen within 6 months after the enactment of Public Act 78-355 subject to confiscation or seizure under the provisions of that Public Act.

Nothing in Public Act 78-355 shall be construed to prohibit the gift or trade of any firearm if that firearm was legally held or acquired within 6 months HB1237 Enrolled - 26 - LRB097 06157 RLC 46231 b after the enactment of that Public Act.

(C) Sentence.

(1) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (c), (e), (f), (g), or (h) of subsection (A) commits a Class 4 felony.

(2) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (b) or (i) of subsection (A) commits a Class 3 felony.

(3) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) of subsection (A) commits a Class 2 felony.

(4) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony.

Any person convicted of a second or subsequent violation of unlawful sale or delivery of firearms in violation of paragraph (a), (b), or (i) of subsection (A) in any school, on the real property comprising a school, within 1,000 feet of the real property comprising a school, at a school related activity, HB1237 Enrolled - 27 - LRB097 06157 RLC 46231 b or on or within 1,000 feet of any conveyance owned, leased, or contracted by a school or school district to transport students to or from school or a school related activity, regardless of the time of day or time of year at which the offense was committed, commits a Class 1 felony for which the sentence shall be a term of imprisonment of no less than 5 years and no more than 15 years.

(5) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A) in residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, in a public park, in a courthouse, on residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development, on the real property comprising any public park, on the real property comprising any courthouse, or on any public way within 1,000 feet of the real property comprising any public park, courthouse, or residential property owned, operated, or managed by a public housing agency or leased by a public housing agency as part of a scattered site or mixed-income development commits a Class 2 felony.

(6) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (j) of subsection (A) commits a Class A misdemeanor.

A second or subsequent HB1237 Enrolled - 28 - LRB097 06157 RLC 46231 b violation is a Class 4 felony.

(7) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (k) of subsection (A) commits a Class 4 felony.

A third or subsequent conviction for a violation of paragraph (k) of subsection (A) is a Class 1 felony.

(8) A person 18 years of age or older convicted of unlawful sale or delivery of firearms in violation of paragraph (a) or (i) of subsection (A), when the firearm that was sold or given to another person under 18 years of age was used in the commission of or attempt to commit a forcible felony, shall be fined or imprisoned, or both, not to exceed the maximum provided for the most serious forcible felony so committed or attempted by the person under 18 years of age who was sold or given the firearm.

(9) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (d) of subsection (A) commits a Class 3 felony.

(10) Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 2 felony if the delivery is of one firearm.

Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class 1 felony if the delivery is of not less than 2 and not more than 5 firearms at the same time or within a one year period.

Any person convicted of unlawful HB1237 Enrolled - 29 - LRB097 06157 RLC 46231 b sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 30 years if the delivery is of not less than 6 and not more than 10 firearms at the same time or within a 2 year period.

Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 40 years if the delivery is of not less than 11 and not more than 20 firearms at the same time or within a 3 year period.

Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 50 years if the delivery is of not less than 21 and not more than 30 firearms at the same time or within a 4 year period.

Any person convicted of unlawful sale or delivery of firearms in violation of paragraph (l) of subsection (A) commits a Class X felony for which he or she shall be sentenced to a term of imprisonment of not less than 6 years and not more than 60 years if the delivery is of 31 or more firearms at the same time or within a 5 year period.

(D) For purposes of this Section:

HB1237 Enrolled - 30 - LRB097 06157 RLC 46231 b "School" means a public or private elementary or secondary school, community college, college, or university.

"School related activity" means any sporting, social, academic, or other activity for which students' attendance or participation is sponsored, organized, or funded in whole or in part by a school or school district.

(E) A prosecution for a violation of paragraph (k) of subsection (A) of this Section may be commenced within 6 years after the commission of the offense.

A prosecution for a violation of this Section other than paragraph (g) of subsection (A) of this Section may be commenced within 5 years after the commission of the offense defined in the particular paragraph.

(Source:

P.A.

96-190, eff.

1-1-10;

97-227, eff.

1-1-12;

97-347, eff.

1-1-12;

97-813, eff.

7-13-12.) (720 ILCS 5/24-3.1) (from Ch.

38, par.

24-3.1) Sec.

24-3.1.

Unlawful possession of firearms and firearm ammunition.

(a) A person commits the offense of unlawful possession of firearms or firearm ammunition when:

(1) He is under 18 years of age and has in his possession any firearm of a size which may be concealed upon the person;

or (2) He is under 21 years of age, has been convicted of a misdemeanor other than a traffic offense or adjudged HB1237 Enrolled - 31 - LRB097 06157 RLC 46231 b delinquent and has any firearms or firearm ammunition in his possession;

or (3) He is a narcotic addict and has any firearms or firearm ammunition in his possession;

or (4) He has been a patient in a mental institution hospital within the past 5 years and has any firearms or firearm ammunition in his possession.

For purposes of this paragraph (4):

"Mental institution" means any hospital, institution, clinic, evaluation facility, mental health center, or part thereof, which is used primarily for the care or treatment of persons with mental illness.

"Patient in a mental institution" means the person was admitted, either voluntarily or involuntarily, to a mental institution for mental health treatment, unless the treatment was voluntary and solely for an alcohol abuse disorder and no other secondary substance abuse disorder or mental illness;

or (5) He is intellectually disabled and has any firearms or firearm ammunition in his possession;

or (6) He has in his possession any explosive bullet.

For purposes of this paragraph "explosive bullet" means the projectile portion of an ammunition cartridge which contains or carries an explosive charge which will explode upon contact with the flesh of a human or an animal.

"Cartridge" means a HB1237 Enrolled - 32 - LRB097 06157 RLC 46231 b tubular metal case having a projectile affixed at the front thereof and a cap or primer at the rear end thereof, with the propellant contained in such tube between the projectile and the cap.

(b) Sentence.

Unlawful possession of firearms, other than handguns, and firearm ammunition is a Class A misdemeanor.

Unlawful possession of handguns is a Class 4 felony.

The possession of each firearm or firearm ammunition in violation of this Section constitutes a single and separate violation.

(c) Nothing in paragraph (1) of subsection (a) of this Section prohibits a person under 18 years of age from participating in any lawful recreational activity with a firearm such as, but not limited to, practice shooting at targets upon established public or private target ranges or hunting, trapping, or fishing in accordance with the Wildlife Code or the Fish and Aquatic Life Code.

(Source:

P.A.

97-227, eff.

1-1-12.) Section 99.

Effective date.

This Act takes effect June 1, 2013.